55Z Safe Transport Victoria may extend time for making submissions in relation to disciplinary notices
(1) An accredited driver served a disciplinary notice under section 55Y may request Safe Transport Victoria to extend the time within which the driver must make a submission under a notice under that section.
(2) A request must be in writing and set out the reasons for the request.
(3) On receiving a request, Safe Transport Victoria may extend the time within which the accredited driver may make the submission, by written notice served on the driver.
(4) A notice under subsection (3) must state the new date by which the accredited driver may make the submission.
S. 55ZA inserted by No. 34/2023 s. 6.
55ZA Decision on taking disciplinary action
(1) If Safe Transport Victoria is satisfied that grounds for taking disciplinary action against an accredited driver have been established, Safe Transport Victoria may take—
(a) any disciplinary action specified in the disciplinary notice; or
(b) disciplinary action that is less severe.
(2) In deciding whether to take disciplinary action, Safe Transport Victoria must consider any submission made to Safe Transport Victoria by the accredited driver in accordance with the disciplinary notice served on the driver.
(3) As soon as practicable after making a decision under this section, Safe Transport Victoria must serve written notice of the decision on the accredited driver.
(4) If the decision is to take disciplinary action, the written notice must set out—
(a) the disciplinary action being taken; and
(b) the reasons for the decision; and
(c) the right to seek review of Safe Transport Victoria's decision to take the disciplinary action under Part 6; and
(d) the date on which any cancellation, suspension, disqualification or new or varied condition takes effect.
(5) The date set out in a notice under subsection (4) must not be earlier than 5 business days after the day on which the notice under subsection (3) is served.
S. 55ZB inserted by No. 34/2023 s. 6.
55ZB Mandatory cancellation of driver accreditations in certain cases
(1) Safe Transport Victoria must cancel a driver accreditation if the accredited driver—
(a) is found guilty of a category 1 offence; or
(b) becomes subject to—
S. 55ZB (1)(b)(i) amended by No. 28/2025 s. 40.
(i) reporting obligations imposed under the Sex Offenders Registration Act 2004; or
(ii) a supervision order or interim supervision order within the meaning of the Serious Offenders Act 2018.
(2) Safe Transport Victoria must not cancel a driver accreditation of a person on a ground referred to in subsection (1) if any of the following decisions in respect of the person has been previously set aside (but not remitted) by VCAT on that ground—
(a) a decision to refuse to issue a driver accreditation;
(b) a decision to cancel an accreditation.
S. 55ZC inserted by No. 34/2023 s. 6.
55ZC Immediate suspension of driver accreditation at the discretion of Safe Transport Victoria
(1) This section applies if Safe Transport Victoria—
(a) has decided to serve, or has served, a disciplinary notice on an accredited driver; and
(b) on reasonable grounds, believes that it is in the public interest that the driver accreditation held by the accredited driver be suspended as soon as practicable before a decision is made to take action under section 55ZA in relation to that accredited driver.
(2) In forming the belief referred to in subsection (1)(b), Safe Transport Victoria must consider—
(a) the circumstances leading to the decision to serve the disciplinary notice; and
(b) the grounds specified, or proposed to be specified, in the disciplinary notice.
(3) Safe Transport Victoria may serve on the accredited driver a notice (an immediate suspension notice) suspending the driver accreditation.
(4) An immediate suspension notice served in relation to a driver accreditation ends—
(a) if the driver accreditation is cancelled or suspended under section 55ZA, when the cancellation or suspension takes effect; or
(b) if a condition is imposed on the driver accreditation, or a condition on the driver accreditation is varied, when the condition or varied condition takes effect; or
(c) in any other case, when the accredited driver is notified under section 55ZA(3) of the decision made on the disciplinary notice.
S. 55ZD inserted by No. 34/2023 s. 6.
55ZD Mandatory immediate suspension of driver accreditation
(1) This section applies if an accredited driver is subject to a charge for a category 1 offence that has not been finally disposed of.
(2) Safe Transport Victoria must serve on the accredited driver a notice (an immediate suspension notice) suspending the driver accreditation.
(3) An immediate suspension notice served in relation to a driver accreditation ends—
(a) if the accreditation is cancelled under section 55ZB(1)(a), on the day of that cancellation; or
(b) if the person served the immediate suspension notice is found not guilty of the offence, on the day of that finding; or
(c) if the charge is dismissed by a court or is withdrawn, on the day of that dismissal or withdrawal; or
(d) if the proceeding for the hearing of the charge is discontinued by the prosecution, on the day of that discontinuance; or
(e) if the person served the immediate suspension notice is discharged by a court following a committal proceeding, on the day of that discharge.
S. 55ZE inserted by No. 34/2023 s. 6.
55ZE Mandatory suspension of driver accreditation if driver licence suspended or cancelled
(1) This section applies if an accredited driver has their Australian driver licence suspended or cancelled under the Road Safety Act 1986 or law of another State or a Territory under which the licence is issued.
(2) Safe Transport Victoria must suspend the driver accreditation.
(3) A suspension under this section of a driver accreditation remains in effect until Safe Transport Victoria reinstates the accreditation of the person in accordance with section 55ZF.
S. 55ZF inserted by No. 34/2023 s. 6.
55ZF Reinstatement of driver accreditation following reinstatement of driver licence
Safe Transport Victoria must reinstate a driver accreditation that is suspended in accordance with section 55ZE if—
(a) the person who holds the suspended accreditation gives evidence, to the satisfaction of Safe Transport Victoria, that—
(i) the suspension of the person's Australian driver licence has ceased; or
(ii) the person has been granted an Australian driver licence; and
(b) there are no grounds for Safe Transport Victoria to consider taking disciplinary action under this Division.
S. 55ZG inserted by No. 34/2023 s. 6.
55ZG Person whose driver licence or probationary licence is suspended or cancelled must notify Safe Transport Victoria
An accredited driver whose Australian driver licence is suspended or cancelled under the Road Safety Act 1986 or law of another State or a Territory under which the licence is issued must, within 5 business days after that suspension or cancellation—
(a) notify Safe Transport Victoria of that suspension or cancellation; and
(b) return to Safe Transport Victoria their certificate of accreditation.
Penalty: 5 penalty units.
S. 55ZH inserted by No. 34/2023 s. 6.
55ZH Effect of suspension of driver accreditation
(1) This section applies if a person's driver accreditation is suspended under this Division.
(2) During the period of the suspension of the driver accreditation—
(a) the driver accreditation is taken not to be in effect; and
(b) the person is taken not to be an accredited driver; and
(c) the person is disqualified from applying for driver accreditation.
S. 55ZI inserted by No. 34/2023 s. 6.
55ZI Reinstatement of driver accreditation
If Safe Transport Victoria has suspended the driver accreditation of a person under section 55ZA pending hearing of a charge for a disqualifying offence, and the person is not found guilty of the offence, Safe Transport Victoria must reinstate the accreditation.